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VAUGHN v. RIPLEY

No. 25153.

446 S.W.2d 475 (1969)

Robert E. VAUGHN, Plaintiff-Appellant, v. James W. RIPLEY, Defendant-Respondent.

Kansas City Court of Appeals, Missouri.

October 6, 1969.

Attorney(s) appearing for the Case

Hensley & Rahm, Warrensburg, Harold L. Caskey, Butler, for appellant.

William F. Brown, James T. Buckley, Sedalia, for respondent.

SHANGLER, Judge.

Plaintiff Robert E. Vaughn had a money judgment by default against defendant James W. Ripley. Thereafter, defendant filed his Motion to Set Aside Judgment and Alternative Motion for New Trial. After an evidentiary hearing, the court set aside the default judgment and ordered a new trial. Plaintiff appeals from that order.

On August 24, 1960, plaintiff filed his Petition on Account against defendant to recover money allegedly due for work done...

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